Legal Memo To Martha Mckinley: Legal Case
Martha McKinley: Legal Memo
Kaplan University
Unit # 8
Iraida
TO: Professor Howard
FROM: Iraida
RE: Martha McKinley
DATE: October 15, 2013
QUESTION PRESENTED
Does Ted McKinley, Martha’s father, have a right to file suit against the CES for punishing his daughter without a fair trial?
SHORT ANSWER
Yes. Ted McKinley has the right to file suit against the CES board. There are many issues present, but most importantly, the CES violated the Sixth Amendment when punishing Martha without a fair trial.
FACTS:
Congress passed a statute entitled the Cell Phone Education Regulation Act (CPERA) to confront the possession and use of cellular phones by students in …show more content…
The rules also permitted random searches to take place. A hidden provision in the regulation allowed for enforcement officials to target their investigations more towards female students than male students, since studies had shown that females talk on cellular phones more often than males.
Penalties for violating CES rules and regulations include the following: for a first offense, no hearing is held and the student receives a written warning; for a second offense, a hearing conducted by school officials is held and an automatic suspension is handed down; for a third offense, a full hearing is held by a board for the CES, after which a guilty finding results in expulsion, arrest, and incarceration for 30 days. School officials are also permitted, under the regulations, to permanently keep any cellular phones they confiscate.
A group of parents has come to the office where you work outraged by the substance of these rules and regulations. They are also upset by the fact that no notice was given or hearings held prior to the enactment of the rules and regulations. Finally, they do not think it was permissible for Congress to delegate to this agency the power to enforce regulations of this
Kaplan University
Unit # 8
Iraida
TO: Professor Howard
FROM: Iraida
RE: Martha McKinley
DATE: October 15, 2013
QUESTION PRESENTED
Does Ted McKinley, Martha’s father, have a right to file suit against the CES for punishing his daughter without a fair trial?
SHORT ANSWER
Yes. Ted McKinley has the right to file suit against the CES board. There are many issues present, but most importantly, the CES violated the Sixth Amendment when punishing Martha without a fair trial.
FACTS:
Congress passed a statute entitled the Cell Phone Education Regulation Act (CPERA) to confront the possession and use of cellular phones by students in …show more content…
The rules also permitted random searches to take place. A hidden provision in the regulation allowed for enforcement officials to target their investigations more towards female students than male students, since studies had shown that females talk on cellular phones more often than males.
Penalties for violating CES rules and regulations include the following: for a first offense, no hearing is held and the student receives a written warning; for a second offense, a hearing conducted by school officials is held and an automatic suspension is handed down; for a third offense, a full hearing is held by a board for the CES, after which a guilty finding results in expulsion, arrest, and incarceration for 30 days. School officials are also permitted, under the regulations, to permanently keep any cellular phones they confiscate.
A group of parents has come to the office where you work outraged by the substance of these rules and regulations. They are also upset by the fact that no notice was given or hearings held prior to the enactment of the rules and regulations. Finally, they do not think it was permissible for Congress to delegate to this agency the power to enforce regulations of this